ABSTRACT
15.1 This chapter carries out a comparative analysis of the law and practice of international cargo insurance. As this book is structured with each chapter in a similar order, and with largely the same headings, so as to enable the reader to compare the law in each of the different jurisdictions dealt with in this book, the purpose of this chapter is not to compare in detail each of the issues discussed in the earlier part of the book. The various issues will be examined, but the analysis will concentrate on those issues that are important in practice and give rise to difficulty and dispute. These include: problems of insurable interest, particularly where goods purchased FOB are pilfered before loading 2 the exclusions of inherent vice and insufficiency of packing 3 the duration of transit 4 and the carriage of cargo on deck where under deck bills have been issued. 5 In terms of claims, there is a consideration of the different approaches to constructive total loss 6 and subrogation. 7 The chapter starts with a brief consideration of the problem of distinguishing between marine and non-marine risks.
